The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months and by a fine of three thousand won.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. misunderstanding of facts and misunderstanding of legal principles as to the statement made at the investigation agency B, which provided a bribe to the defendant, was committed while the assistance of counsel was reduced, and there was no objectivity, rationality, and consistency. On the other hand, the statement made at the court of the original instance imposing the burden of perjury was freely made through the examination by the prosecutor and the defense counsel. Thus, the statement made at the court of the original instance which reversed the statement made at the investigation agency

② On September 16, 2015, the Defendant was provided with drinking and entertainment equivalent to KRW 233,333 at an entertainment drinking house on September 16, 2015, and the Defendant was provided with meals equivalent to KRW 415,000 at an entertainment drinking house and entertainment drinking house on December 28, 2015.

③ The Defendant received 500,000 won in cash from B on February 5, 2016, but this is not a bribe but a travel expense that the Defendant agreed with B at the time.

④ On February 18, 2016, in light of the purpose of a meeting, meal expenses per capita, etc., and the circumstances in which the Defendant paid the user fee for a screen golf course that was the second place at the time, it shall be deemed an act that does not go against social norms.

B. Even if the Defendant is guilty of an unreasonable sentencing, the lower court’s imprisonment (the imprisonment of eight months and a fine of four million won, the suspension of the execution of imprisonment of two years, additional collection of KRW 1,287,665) is too unreasonable.

2. We examine ex officio the determination.

As stated in the facts constituting the crime in the judgment below, the prosecutor applied for changes in the indictment with the purport that the number of participants in the meeting on February 18, 2016 and the amount of the bribe received by the defendant (the number of participants recognized as three existing persons shall be changed to four persons, and the amount of the bribe received by the defendant shall be changed to 139,332 won in total, and the amount of the bribe received by the defendant shall be changed to 104,50 won) as stated in the facts constituting the crime in the judgment